Unprepared for a Cyberattack? The DOJ Wants to Change That
New U.S. Department of Justice cybersecurity guidelines stress preparedness amid reports that many organizations have failed to plan for a breach.
October 16, 2018 at 03:12 PM
5 minute read
Photo: Shutterstock
Data protection tips are virtually everywhere these days. From emails and news feeds to blog posts and reports, the world is awash in cybersecurity advice. So it's hardly surprising that the U.S. Department of Justice has released new guidelines on that very topic. The U.K.'s National Cyber Security Centre is poised to follow suit.
But despite all the free and readily available advice that's floating around out there, studies keep popping up that say people aren't paying enough attention or have adopted a laissez-faire approach to cybersecurity.
Celebrity case in point: Kanye West, who already has been on the wrong end of several data breaches, accidentally showed the world his iPhone password during a live broadcast of his meeting with President Donald Trump.
And Kanye's not alone. A report released today from Oregon-based ethics and compliance software and services company NAVEX Global showed that businesses also aren't doing enough to guard their valuable data.
More than 30 percent of the organizations that responded to the survey said they used “basic or reactive” programs to manage risks posed by contractors, consultants, data vendors, marketers and a host of other third parties that could gain access to a company's data.
The study, which involved 1,200 respondents who “influence or manage their organization's ethics and compliance programs,” also found that more than a third of the participants relied on paper records or “disparate software,” such as word processing and spreadsheets, to carry out third-party risk assessment and management programs.
The DOJ would not be impressed, but it also probably wouldn't be shocked.
The agency noted in its revised cybersecurity guidelines released last month that yet another study published earlier this year—this one surveyed nearly 3,000 IT professionals—revealed that a whopping 77 percent of the respondents didn't have a formal cybersecurity incident response plan.
In the revised guidelines, the DOJ stressed, for the first time, the importance of keeping senior management in the cybersecurity loop.
“This is a serious enough issue that it cannot be left to the working level for the planning to be done. And management shouldn't just get involved in the initial stage, they should be involved throughout as the plan is adopted and set into motion,” said Ronald Cheng, a partner at O'Melveny & Myers in Hong Kong and Los Angeles. He focuses on data security and privacy.
The DOJ recommended that companies spend more time planning for cybersecurity attacks, which means being more proactive about finding and patching security vulnerabilities. Using server logs and monitoring network traffic can help identify which computer systems are affected and where the intrusion originated.
“You can sum up the main difference [between the original and revised DOJ guidelines] in one word: Preparedness. This updated version has a far greater focus on what organizations should do before you experience an incident,” said counsel Samuel Cullari, a data security expert at Reed Smith in Philadelphia.
More companies are turning to incident response firms in the wake of cybersecurity incidents, according to the DOJ, which advised that businesses do their due diligence to ensure that the firms they hire are “well acquainted with forensically sound methods of evidence collection that do not taint or destroy evidence.” That's because the firms often show up before federal investigators are contacted, according to the DOJ.
Another addition to the guidelines concerns cloud storage, which the DOJ said was convenient and relatively secure though still not immune from cyber threats. It's important to ensure that a company's cloud storage is adequately guarded.
It's also smart to have an agreement with a cloud service provider that not only allows law enforcement and incident response firms to access a company's data in the event of a breach but also requires that the provider assist in the investigation.
Here are a few other takeaways:
- Have a plan in place that includes key notification contacts inside and outside the company in order to react quickly and effectively to an incident.
- At least one of those contacts should be law enforcement, so it's a good idea to get to know a local federal agent before there's a data breach.
- Keep a written record of the company's response to the incident, which will be helpful if the investigation leads to a criminal or civil case.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All![How Marsh McLennan's Small But Mighty Legal Innovation Team Builds Solutions That Bring Joy How Marsh McLennan's Small But Mighty Legal Innovation Team Builds Solutions That Bring Joy](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://k2-prod-alm.s3.us-east-1.amazonaws.com/brightspot/2b/b1/7d9af02e4db6b1ee30e27298a568/marsh-mclennan-lit-lab-1-767x633.jpg)
How Marsh McLennan's Small But Mighty Legal Innovation Team Builds Solutions That Bring Joy
![Aggressive FTC May Force Merging Companies to Bolster Legal Defenses Aggressive FTC May Force Merging Companies to Bolster Legal Defenses](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://images.law.com/contrib/content/uploads/sites/390/2022/12/US-Federal-Trade-Commission-Building-2022-015-767x633.jpg)
Aggressive FTC May Force Merging Companies to Bolster Legal Defenses
4 minute read![Best Legal Departments: How Blackstone's Legal and Compliance Team Got the All-Clear to Grow Business Best Legal Departments: How Blackstone's Legal and Compliance Team Got the All-Clear to Grow Business](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://images.law.com/contrib/content/uploads/sites/390/2021/09/Blackstone-767x633.jpg)
Best Legal Departments: How Blackstone's Legal and Compliance Team Got the All-Clear to Grow Business
![CEOs Want Data-Based Risk Management; GCs Lack the Tech to Do So. CEOs Want Data-Based Risk Management; GCs Lack the Tech to Do So.](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://images.law.com/contrib/content/uploads/sites/390/2021/04/Risk-management-Article-202104161748.jpg)
CEOs Want Data-Based Risk Management; GCs Lack the Tech to Do So.
Trending Stories
- 1'A Waste of Your Time': Practice Tips From Judges in the Oakland Federal Courthouse
- 2Judge Extends Tom Girardi's Time in Prison Medical Facility to Feb. 20
- 3Supreme Court Denies Trump's Request to Pause Pending Environmental Cases
- 4‘Blitzkrieg of Lawlessness’: Environmental Lawyers Decry EPA Spending Freeze
- 5Litera Acquires Workflow Management Provider Peppermint Technology
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250